Smt. Mahadevamma vs The State Of Karnataka
2025 Latest Caselaw 7849 Kant

Citation : 2025 Latest Caselaw 7849 Kant
Judgement Date : 29 August, 2025

Karnataka High Court

Smt. Mahadevamma vs The State Of Karnataka on 29 August, 2025

Author: R Devdas

Bench: R Devdas

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                                                             NC: 2025:KHC:33565
                                                            WP No. 8811 of 2024


                      HC-KAR




                      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 29TH DAY OF AUGUST, 2025

                                             BEFORE
                                THE HON'BLE MR. JUSTICE R DEVDAS

                               WRIT PETITION NO. 8811 OF 2024 (LR)

                      BETWEEN:

                      SMT. MAHADEVAMMA
                      W/O LATE C VENKATAIAH,
                      AGED 63 YEARS,
                      R/AT JAYANAGARA LAYOUT,
                      K R PET TOWN, KASABAHOBLI,
                      K R PET TALUK, MANDYA DISTRICT 571403.
                                                                   ...PETITIONER
                      (BY SRI. MANJESH H M., ADVOCATE)

                      AND:

                      1.   THE STATE OF KARNATAKA
                           BY ITS PRINCIPAL SECRETARY,
Digitally signed by        REVENUE DEPARTMENT,
JUANITA THEJESWINI         VIKAS SOUDHA, AMBEDKAR VEEDHI,
Location: HIGH
COURT OF                   BENGALURU 01.
KARNATAKA
                      2.   THE ASSISTANT COMMISSIONER
                           PANDAVAPURA SUB DIVISION,
                           PANDAVAPURA,
                           MANDYA DISTRICT 571403.

                      3.   THE TAHSILDAR
                           K R PETE TALUK,
                           MANDYA DISTRICT 571403.
                                                                ...RESPONDENTS
                      (BY SRI.MOHAMMAD JAFFAR SHAH., AGA)
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                                           NC: 2025:KHC:33565
                                      WP No. 8811 of 2024


HC-KAR




     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
IMPUGNED ORDER DATED 12/02/2016 PASSED BY THE R2-
ASSISTANT COMMISSIONER, PANDAVAPURA SUB-DIVISION,
PANDAVAPURA, IN NO.BHU.SU.PARISILANE.45/2015-16 VIDE
ANNEXURE-D.

    THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE R DEVDAS


                       ORAL ORDER

Learned Additional Government Advocate takes

notice for all the respondents.

2. The petitioner is aggrieved by the order of

forfeiture dated 12.02.2016 passed by the respondent-

Assistant Commissioner invoking the provisions of Section

83 of the Karnataka Land Reforms Act, 1961, for violation

of the provisions contained in Section 79A and 79B of the

Act.

3. Learned Counsel for the petitioner submits that

this is a case where the impugned order of forfeiture has

been passed by the Assistant Commissioner without notice

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to the petitioner. It is further submitted that under similar

circumstances, a co-ordinate Bench of this Court in

W.P.No.7821/2021 has passed an order dated 16.08.2021

remanding the matter back to the Assistant Commissioner

for fresh consideration after affording an opportunity of

hearing to the aggrieved person.

4. Learned Additional Government Advocate points

out from the impugned order that notice was indeed

issued to the petitioner and in spite of notice having been

issued, the petitioner did not appear before the Assistant

Commissioner.

5. Admittedly, as on the date of the Karnataka Land

Reforms (Amendment) Ordinance, 2020, no proceedings

were pending before any court/authority.

6. This Court had several occasions to consider such

cases, where writ petitions are filed long after the

provisions contained in Sections 79A, 79B and 79C were

omitted from the statute book in terms of the Karnataka

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Land Reforms (Second Amendment) Act, 2020. It is the

consistent opinion of this Court that if at any rate, the

Assistant Commissioner, after forfeiting the land has not

disposed of the same in accordance with law then the

benefit of the saving clause contained in Section 12 of the

Amending Act is required to be given to such petitioners.

The Assistant Commissioner is therefore, required to

ascertain, whether the declared excess lands or forfeited

lands still remain with the State Government or has been

granted to third parties. If the lands have been granted to

third party, then sub-section(1) of Section 12 of the

amending Act will apply to say that the proceedings have

reached finality. Or otherwise, sub-section (2) of Section

12 of the Amending Act will apply and all further

proceedings shall be declared as abated by the Assistant

Commissioner.

7. Having considered the submissions of the learned

Counsels and on perusing the judgment of the co-ordinate

Bench in W.P.No.7821/2021, this Court finds that facts

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and circumstances in both these matters are quite similar

and therefore, the benefit of the decision of the co-

ordinate bench should also enure to the petitioner herein.

8. Accordingly, this Court proceeds to pass the

following:

ORDER

i) The writ petition is disposed of.

ii) The matter is remanded back to the respondent-Assistant Commissioner to consider the case of the petitioner including the consequences of the subsequent amendment brought to the provisions of Sections 79-A and 79-B of the Karnataka Land Reforms Act in Karnataka Amendment No.56 of 2020.